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Convention Amending the Treaty of August 1797, and March 26, 1799 (Document 21), signed at Bardo, near Tunis, February 24, 1824 (24 Ramada II, A. H. 1239). Original in English. Submitted to the Senate December 15, 1825. (Message of December 13, 1824.) Resolution of advice and consent January 13, 1825. Ratified by the United States between January 13 and 21,1825. As to the ratification generally, see the notes. Proclaimed January 21,
Whereas Sundry articles of the Treaty of peace and friendship concluded between the United States of America and Hamuda Bashaw, of happy memory, in the month of Rebia Elul in the year of the Hegira 1212, corresponding with the month of August of the Christian year 1797; have by experience been found to require alteration and amendment: In order therefore that the United States should be placed on the same footing with the most favored Nations having Treaties with Tunis, as well as to manifest a respect for the American Government and a desire to continue unimpaired the friendly relations which have always existed between the two Nations, it is hereby agreed & concluded between His Highness Mahmoud Bashaw Bey of Tunis, and S. D. Heap Esquire Charge d'affaires of the United States of America, that alteration be made in the Sixth, eleventh, twelfth and fourteenth articles of said Treaty; and that the said articles shall be altered and amended in the Treaty to read as follows.
If a Tunisian Corsair shall meet with an American vessel & shall visit it with her boat, two men only shall be allowed to go on board, peaceably to satisfy themselves of its being American, who as well as any passengers of other Nations they may have on board, shall go free both them & their goods; and the said two men shall not exact any thing, on pain of being severely punished. In case a slave escapes and takes refuge on board an American vessel of war he shall be free, and no demand shall be made either for his restoration or for payment.
When a vessel of war of the United States shall enter the port of the Goletta she shall be saluted with twenty one guns, which salute, the vessel of war shall return gun for gun only, and no powder will be given, as mentioned in the ancient eleventh article of this Treaty, which is hereby annulled.
When Citizens of the United States shall come within the dependencies of Tunis to carry on commerce there, the same respect shall be paid to them which the Merchants of other Nations enjoy; and if they wish to establish themselves within our ports, no opposition shall be made thereto, and they shall be free to avail themselves of such interpreters as they may judge necessary without any obstruction in conformity with the usages of other Nations; and if a Tunisian Subject shall go to establish himself within the dependencies of the United States, he shall be treated in like manner. If any Tunisian Subject shall freight an American vessel and load her with Merchandise, and shall afterwards want to unload, or ship them on board of another vessel, we shall not permit him untill the matter is determined by a reference of Merchants, who shall decide upon the case, and after the decision, the determination shall be conformed to.
No Captain shall be detained in port against his consent, except when our ports are shut for the vessels of all other Nations, which may take place with respect to merchant vessels, but not to those of war. The Subjects and Citizens of the two Nations respectively Tunisians and Americans, shall be protected in the places where they may be by the officers of the Government there existing; but on failure of such protection, and for redress of every injury, the party may resort to the chief authority in each country, by whom adequate protection and complete justice shall be rendered. In case the Government of Tunis shall have need of an American vessel for its service, such vessel being within the Regency, and not previously engaged, the Government shall have the preference on its paying the same freight as other Merchants usually pay for the same service, or at the like rate, if the service be without a customary precedent.
All vessels belonging to the Citizens and inhabitants of the United States, shall be permitted to enter the ports of the Kingdom of Tunis, and freely trade with the Subjects and inhabitants thereof on paying the usual duties which are paid by other most favored Nations at peace with the Regency. In like manner all vessels belonging to the subjects and inhabitants of the Kingdom of Tunis shall be permitted to enter the different ports of the United States, and freely trade with the Citizens and inhabitants thereof on paying the usual duties which are paid by other most favored Nations at peace with the United States.
Concluded, signed & sealed at the palace of Bardo near Tunis the 24th day of the Moon jumed-teni in the year of the Hegira 1239: corresponding the 24th of February 1824: of the Christian year; and the 48th year of the Independence of the United States; reserving the same nevertheless for the final ratification of the President of the United States by and with the advice and consent of the Senate.
(Signed) S. D. HEAP
Charge d'affaires of the U. States of America at Tunis
(Seal of MAHMOUD BASHAW.)
(Seal of HASSAN BEY.)
Treaties and Other International Acts of the United States of America.
Edited by Hunter Miller
Documents 1-40 : 1776-1818
Washington : Government Printing Office, 1931.